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(영문) 청주지방법원 2019.06.28 2019고단851
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

At around 13:20 on December 28, 2018, the Defendant had the front road of the Seo-gu Seoul Building D, Seo-gu, Seowon-si, Seowon-si, Cheongju-si, directly promoted from the Cheongbuk-gu, Chungcheongnambuk-gu, to the FF store room in E.

Since the designated speed of the above road is 30 km/h, a person engaged in driving service has a duty of care to observe the designated speed, accurately manipulate the steering direction and operation system of the vehicle, and to prevent the accident by properly examining the surrounding traffic situation.

Nevertheless, while the Defendant neglected the above duty of care and was proceeding in excess of 40 km/h of the designated speed, the Defendant brought about the front part of HOE that was driven by the victim G(50 years of age) who was left left on the right-hand side of the Defendant’s vehicle to the front part of the left-hand part of the Defendant’s vehicle, and brought about approximately 14 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a traffic accident analysis report;

1. Application of Acts and subordinate statutes of a report site photograph and diagnostic certificate;

1. Article 3(1) and the proviso of Article 3(2)3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act on the grounds of sentencing of imprisonment without prison labor for the crime of this case pass along the crosswalk with the crossing of the Defendant exceeding 40km/h from the side streets.

In the instant intersection, the victim's negligence is more severe thanks to the shock of the Oral bridge, and the degree of the victim's injury is also more serious than the closure frame of the body body of broad bridges.

The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, circumstances after the crime, etc. are considered to be clear that the victim refuses to reach an agreement and seeks punishment against the defendant, and the punishment shall be determined as ordered in consideration of the defendant's age, character

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